Terms & Conditions
Terms and conditions and complaints procedure
I. Basic provisions
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with sec. § 1751 et seq. Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") by the company:
F.U.T. s.r.o.
Contact person: Oksana Chalaja (executive director)
ID: 26110580
VAT number: -
We are not VAT payers.
For payments in CZK
C. account: 123-6046990297/0100
For payments in EUR
CZ 7901 0000 0123 6049 3502 87
with registered office at Studánky 56, 38273 Vyšší Brod.
Address for returning or claiming goods:
F.U.T. s.r.o.
Studánky 56
38273 Vyšší Brod
Email: hoyasaroid@hotmail.com
Phone: +420 723 683 785
(hereinafter referred to as "seller")
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer (hereinafter referred to as the "buyer"), arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded through the web interface located on the website available at the internet address www.hoyasaroid.eu (hereinafter the "online store").
3. The terms and conditions are an integral part of the purchase contract. Provisions deviating from the terms and conditions can be negotiated in the purchase contract, whereby deviating provisions in the purchase contract will take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Czech language.
5. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent professional performance.
II. Information about goods and prices
1. Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are inclusive of value added tax (the seller is a VAT payer) and include all related fees, except for the costs of delivering the goods to the buyer, which the buyer pays himself, unless the contracting parties agree otherwise.
2. The prices of goods remain valid for the period during which they are displayed in the online store. All changes, including price changes in the online store, are reserved. The price is valid at the time of ordering.
3. All offers for the sale of goods placed in the online store are non-binding and the seller is not obliged to enter into a purchase contract regarding any goods.
4. Information on the costs associated with the delivery of goods to the territory of the Czech Republic, Slovakia and EU countries is published in the online store.
5. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller specifies otherwise.
III. Order and conclusion of purchase contract
1. The buyer agrees to the use of remote communication means when concluding the purchase contract and in connection with it. The costs incurred by the buyer when using remote communication means (e.g. internet connection costs, phone call costs, etc.) are paid by the buyer themselves, and these costs do not differ from the basic rate.
2. The buyer places an order for goods by filling out the order form without registration (i.e. without creating an account).
3. When placing an order, the buyer selects the goods, the number of goods and the method of payment.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the binding order to the seller by clicking the ORDER button. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these business terms and conditions of personal data protection, and the buyer's confirmation that he has become familiar with these business terms and conditions of personal data protection. By sending the order, the buyer confirms that he has read these terms and conditions and agrees with them in their entirety.
5. When ordering goods and registering for a customer account in the online store, the buyer is obliged to provide correct, complete and true information. The data provided in the order and the buyer's customer account are considered correct by the seller.
6. The draft purchase contract in the form of an order is valid for fifteen days.
7. After receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when creating the order, or to the email address specified in his customer account (hereinafter referred to as the "buyer's email address"). The purchase contract is concluded at the moment of sending the notification according to the previous sentence.
8. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
9. All orders accepted by the seller are binding. The buyer is entitled to cancel the order until the buyer is notified of the acceptance of the order by the seller. The buyer can cancel the order by calling the seller's phone number or email listed in the header of these terms and conditions.
10. In the event that a technical error occurred on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address specified in the header of these terms and conditions.
11. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
IV. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
by cashless transfer to the seller's bank account in the case of payments within the Czech Republic, account no.: 123-6046990297/0100, maintained at Komerční banka, and in the case of EUR payments
IBAN: CZ 7901 0000 0123 6049 3502 87, maintained at Komerční banka
cashless by payment card through the payment gateway Comgate
by cashless transfer to the seller's account
in cash at the online store branch
2. In the case of payment by bank transfer, the purchase price is payable within 3 days from the conclusion of the purchase contract. If the amount is not paid by the due date, the order will be cancelled.
3. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4. After completing the order, the buyer will be redirected to the third-party payment server, where he will fill in the necessary payment information according to the instructions of the relevant electronic payment provider. After verifying their validity, the order will be confirmed and the purchase price deducted from the buyer's account.
5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
6. The seller will send the goods to the buyer after proper and timely payment of the purchase price of the goods and the costs of their delivery. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
The seller sends the ordered goods according to their availability and the seller's operational capabilities, usually within 7 (seven) working days from the moment of payment of the purchase price, but no later than the legal deadline. In the event that the ordered goods are not in stock and it is not possible to send them to the buyer within the period according to the previous sentence, the buyer is informed of this fact without unnecessary delay.
7. The goods are delivered to the buyer at the address specified by the buyer in the order.
8. The seller will send the goods to the buyer outside the territory of the Czech Republic and Slovakia after agreement with him regarding the method of delivery and payment of the purchase price and delivery costs outside the territory of the Czech Republic.
9. The seller will deliver the goods to the buyer in the territory of the Czech Republic and Slovakia via the ZASILKOVNA courier service. The price in the Czech Republic is CZK 110, Slovakia €5 and also via PPL for larger packages. The price after the Czech Republic is CZK 140, Slovakia CZK 200.
10. The costs of delivery of the goods are stated in the buyer's order and in the confirmation of receipt of the order by the seller. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
11. The buyer is obliged to accept the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method. In the event that the buyer does not accept the goods (e.g. does not pick them up at the time of depositing the shipment at the relevant branch), and the goods are sent back to the seller, the seller has the right to compensation for damages in the amount corresponding to the sum of the postage for the unsuccessful delivery of the goods to the seller and the postage for returning the goods to the seller.
12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer is advised not to accept the shipment from the carrier and to fill out a record of damage to the shipment. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
13. Claims for mechanical damage to goods, non-matching goods, etc., which were not visible when the shipment was received from the carrier, must be made by the buyer immediately after their discovery. The seller is not liable for damage to the goods caused during their transportation, if the buyer does not immediately claim this damage in accordance with the previous paragraph 12. of these terms and conditions.
14. The seller will issue a proof of purchase of the goods to the buyer at his request, which he will send to the buyer in electronic form to the buyer's email address without undue delay after payment of the purchase price of the goods and receipt of the request for the issuance of the proof.
15. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
16. The seller is not responsible for damages caused by delay in sending or delivering goods for any reason.
VI. Withdrawal from the contract
1. A buyer who concluded a purchase contract outside of his business activity as a consumer using means of remote communication (via an online store) has the right to withdraw from the purchase contract without giving reasons and without any penalty within 14 (fourteen) days from the day of receipt of the goods. If the subject of the purchase contract is several types of goods or the delivery of several parts, the period according to the previous sentence starts from the date of acceptance of the last delivery of goods. By properly and timely withdrawing from the purchase contract according to this paragraph, the purchase contract is canceled from the beginning.
2. Withdrawal from the purchase contract is sent by the buyer to the email address hoyasaroid@hotmail.com. In the request to withdraw from the purchase contract, the buyer shall state his name, surname, address, contact information, date of order, date of receipt, order number, method of payment of the purchase price and preferred method of returning the purchase price. The seller will immediately confirm receipt of the notice of withdrawal to the buyer.
3. To comply with the deadline for withdrawing from the contract according to par. 1. the buyer must send a clear declaration of withdrawal to the seller in a demonstrable way within the period for withdrawing from the contract.
4. The buyer who withdraws from the contract is obliged to return to the seller all the goods from which the buyer withdraws from the purchase, no later than 14 days after withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route. The buyer returns the goods to the seller by sending them to the address F.U.T. s.r.o. , Studánky 56, 38273 Vyšší Brod
6. If the buyer withdraws from the purchase contract, the seller will return to him without delay, but no later than 14 days from the withdrawal from the contract, all funds including the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered, basically in the same way as accepted The seller will return the money received to the buyer in another way only if the buyer has agreed to it and if it does not incur additional costs. The costs of additional services connected with the delivery of the goods to the buyer (in particular the costs of the cash on delivery service) are not refunded.
7. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
8. The buyer must return the goods to the seller undamaged, unworn, undisplaced and uncontaminated and in the original packaging. In the event that the buyer withdraws from the purchase contract within the statutory 14-day period and the returned goods are not complete or are demonstrably used or damaged, cut, transplanted, the seller is entitled to compensation for damages against the buyer, or to an amount corresponding to the reduced value of the returned goods, with which the buyer hereby agrees. In such a case, the seller returns to the buyer the thus agreed reduced purchase price. In cases where the goods will be unsaleable (e.g. in the case of destruction or extensive damage or removal of the symbols of the relevant company brand/logo/label, etc.), the seller's claim may amount to an amount corresponding to the full price of the goods, which the buyer hereby acknowledges and agrees to by that.
9. The buyer acknowledges that he is not entitled to withdraw from the purchase contract in the cases specified in § 1837 of the Civil Code, especially if it is a contract for the supply of goods that has been modified according to the wishes of the buyer or for his person (i.e. especially when production of goods according to the buyer's requirements).
10. The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the inability to deliver the goods in the required quantity and/or the delivery period specified in these terms and conditions for any reason and/or if any of the seller's suppliers has discontinued the production of the goods and/or there has been a significant change the price charged by him. The seller immediately informs the buyer of such fact to the buyer's e-mail address and returns to him within 14 (fourteen) days from the notification of withdrawal from the purchase contract all funds, including the costs of delivery of the goods, which he received from him on the basis of the purchase contract, in the same way , as the seller received them from the buyer, if this is possible due to the nature of the matter, or in the manner determined by the agreement of the contracting parties.
11. In case of violation of the terms of the purchase contract or business terms by the buyer, the seller reserves the right to withdraw from the purchase contract. Unless the law provides otherwise, in such a case the buyer is obliged to reimburse the seller for all costs associated with his order, in particular the costs of sending the goods, if the buyer does not take them over.
12. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract for any reason, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return it gift provided to the seller no later than 14 (fourteen) days after withdrawal from the purchase contract.
13. If the buyer withdraws from the purchase contract without authorization and still sends the goods to the seller, the goods will not be accepted, or will be sent back at the buyer's expense and, in the event of a demonstrable return of the undeliverable shipment, destroyed by the seller without the buyer's right to a refund of the purchase price and/or postage, whereby the buyer hereby agrees.
VII. Rights from defective performance
(CLAIM RULE)
The names of paragraphs in this article are not legally binding, do not affect the interpretation of individual provisions and serve only for easier orientation in the text.
Warranty conditions and plant claims!
The success of growing plants is never guaranteed. If the plants die within 7 days of delivery for reasons demonstrably caused by the supplier, the customer is entitled to plant replacement or financial compensation. If the species is confused, the customer is entitled to exchange the plant.
The plants are grown in a quality that, given suitable conditions, leads to trouble-free cultivation. However, if it turns out that the plant was not in order and died in a very short time (up to 3 days) after purchase, then the plant can be replaced.
The customer must always check the plant after taking it over!
1. Responsibilities of the seller. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
a) the goods have the properties that the parties have agreed upon, and in the absence of an agreement, they have such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and based on the advertising carried out by them,
b) the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
c) the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
d) the goods are in the appropriate quantity, measure or weight and
e) the goods comply with the requirements of legal regulations.
2. Deadline for exercising rights from defective performance – new (unused) goods. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receiving the goods. This provision does not apply to goods sold at a lower price to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by its usual use, to used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if it follows that due to the nature of the goods.
3. Deadline for exercising rights from defective performance - used goods. In the case of used goods, the deadline for exercising the right to a defect is twelve months from the receipt of the goods.
4. Address and instructions for complaints:
ü In order to settle the claim as quickly as possible, the buyer shall exercise his rights from defects by claiming goods via postal route, by sending the defective goods together with a description of the alleged defect and information about what right the buyer is exercising from the defect, all to the address:
F.U.T. s.r.o. , Studánky 56, 38273 Vyšší Brod or in person after prior agreement by email at the address in question. The buyer sends the goods to the seller at his own risk.
The buyer will pack the claimed goods in suitable packaging so that they are not damaged. The buyer acknowledges that the seller does not accept any shipments sent on cash on delivery, unless the contractual parties agree on this in a demonstrable way in advance. The buyer can use the form provided by the seller, which forms an appendix to these terms and conditions, to make a complaint. The buyer has
the obligation to point out the defect to the seller, i.e. to provide a sufficiently comprehensible description of the defect in the goods for which he is advertising it.
The goods must be returned by the buyer to the seller undamaged, unworn, undisplaced and uncontaminated and in the original packaging. In the event that the buyer withdraws from the purchase contract within the statutory 14-day period and the returned goods are not complete or are demonstrably used or damaged, cut, transplanted, the seller is entitled to compensation for damages against the buyer, or to an amount corresponding to the reduced value of the returned goods, with which the buyer hereby agrees. In such a case, the seller returns to the buyer the thus agreed reduced purchase price. In cases where the goods will be unsaleable (e.g. in the case of destruction or extensive damage or removal of the symbols of the relevant company brand/logo/label, etc.), the seller's claim may amount to an amount corresponding to the full price of the goods, which the buyer hereby acknowledges and agrees to by that.
5. Buyer's rights - material breach of the purchase contract. In the event that within the period according to paragraph 2, or 3 of this article, if a defect occurs that is a material breach of the purchase contract and the buyer files a claim in time, the buyer has the right to:
a) to remove a defect by delivering a new item without a defect or by supplying a missing item,
b) to remove the defect by repairing the item,
c) for a reasonable discount from the purchase price, or
d) withdraw from the purchase contract.
6. Buyer's rights - minor breach of the purchase contract In the event that within the period according to paragraph 2, or 3 of this article, if a defect occurs that is a minor breach of the purchase contract and the buyer files a claim in time, the buyer has the right to:
a) to remove the defect, or
b) for a reasonable discount from the purchase price.
7. Choice of complaint handling method. In the event of the occurrence of a defect that is a substantial breach of the purchase contract, the buyer is obliged to notify the seller of the right he has chosen from defective performance upon notification of the defect or without undue delay after such notification. The buyer acknowledges that if he does not do so, he will have only those rights that would belong to the buyer in the event of a defect that is an insignificant breach of the purchase contract. The buyer is entitled to change the choice of right from defective performance only after agreement with the seller.
8. Repeated occurrence of defects, greater number of defects. The buyer has the right within the period according to par. 2nd, or 3 of this article to withdraw from the contract if he cannot properly use the goods due to the repeated occurrence of a defect after repair, or in the event of a large number of defects in the goods.
9. Beginning of the period for exercising rights from defective performance. Deadlines according to par. 2. and 3. of this article begin to run on the day of acceptance of the goods by the buyer.
10. Obligation to make an immediate complaint. The buyer is obliged to claim the goods without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect.
11. Obligation to document the date of purchase. When claiming goods, the buyer is obliged to document the date of purchase, in particular by presenting a proof of purchase of the goods, if it was issued, or in another plausible way.
12. Exclusions from the seller's liability. The seller is not responsible for product defects and the buyer does not have the right to defective performance in the following cases:
a) if there is a defect in the goods at the time of acceptance and a discount from the purchase price is negotiated for such a defect,
b) the defect in the goods was caused by wear and tear caused by normal use or if this results from the nature of the item,
c) if the goods are used and the defect corresponds to the degree of use or wear and tear the goods had at the time the goods were taken over by the buyer,
d) mechanical damage to goods,
e) the defect was caused by unprofessional handling or neglect of the care of the goods,
f) carrying out an intervention or changing the parameters of the goods,
g) the defect was caused by (i) the buyer; (ii) reasons on the part of the buyer (eg an animal owned or entrusted to the care of the buyer); or (iii) by a third party other than the seller and through no fault of the seller,
h) the buyer knew before taking over the item that the item had a defect,
i) damage due to force majeure,
j) the defect arose as a result of non-compliance with the instructions regarding the maintenance and storage of the goods,
k) the difference in shades and color saturation of the actual goods and photographs of the goods displayed on electronic devices,
l) the defect has already been pointed out in the past and the seller has provided the buyer with a reasonable discount on the purchase price of the goods in question,
m) the size of the goods shows a deviation from the dimensions stated in the online store, which is less than or equal to 6%.
13. Continuation of the period in case of replacement or repair of goods. The buyer acknowledges that in the case of replacement or repair of defective goods, the new period for claiming the right from defects does not run, but the period of the claimed goods continues.
14. Seller's confirmation of claim. The seller issues to the buyer a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for rejecting the complaint .
The seller fulfills the obligation according to the previous sentence by sending a confirmation to the e-mail address of the buyer.
15. Time limit for processing the complaint. The day when the seller received the claimed goods from the buyer is considered to be the moment of application of the complaint. The seller decides on the claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than within 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.
16. Confirmation of the result of the complaint. The seller informs the buyer in writing about the outcome of the complaint. The seller will fulfill the obligation according to the previous sentence by sending a notification to the e-mail address of the buyer.
17. Reimbursement of costs – justified complaint. In the event of a justified complaint, the buyer has the right to compensation for purposefully and demonstrably incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
18. Suspension of the deadline for the duration of the complaint. In the case of a justified complaint, the period for exercising the right from defects does not run for the period during which the goods are being repaired, and the buyer cannot use them.
19. Authorization of Seller. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the purchase contract, the seller is entitled to deliver the missing goods to the buyer or remove the legal defect (in particular, deliver the missing documents).
20. Complaints at the seller's headquarters. In addition to the method specified in par. 4. of this article, the buyer is entitled to exercise rights from defects at the seller's headquarters (within a period agreed upon by the contracting parties - the buyer acknowledges that the seller does not have to be present at the headquarters).
21. No Other Warranty. For the avoidance of doubt, it is expressly stipulated that the seller does not provide any warranty for the quality of the goods beyond the legal warranty period for consumers.
22. Exclusion of Seller's Liability. The seller shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods supplied, unless such loss, injury or damage to property has been caused by negligence, omission or willfulness on the part of the seller.
23. Applicable Legal Provisions. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
VIII. Delivery
1. All communications from the seller can be delivered to the buyer via electronic mail to the buyer's e-mail address.
2. In the case of delivery by post or courier, shipments are considered delivered and effective at the moment of their delivery to the addressee.
3. In case of withdrawal from the purchase contract by the buyer according to Art. VI. paragraph 1 of these terms and conditions, withdrawal is effective if the buyer verifiably sends a notice of withdrawal to the seller within the withdrawal period.
4. A notification whose acceptance was refused by the addressee, which was not picked up within the storage period, or which was returned as undeliverable, is also considered delivered.
IX Protection of personal data, commercial communications and cookies
1. The method of handling the buyer's personal data is regulated in the Terms of Personal Data Protection contained on the website of the online store.
2. The handling of the buyer's personal data is subject to legislation regarding the protection of personal data, including EU Regulation 2016/679.
3. By sending the order, the buyer declares, among other things, consent to the seller sending to the buyer's e-mail address at any time: (i) information related to the goods, the seller, his company and/or his activities; and (ii) commercial communications.
4. The buyer must not share and publish on public and social networks personal conversations, photos and any other private data about the seller, unless the seller allows him to do so.
X. Gift Vouchers and Discount Codes
1. When creating an order, the buyer is entitled to enter the codes contained on the purchased gift vouchers and discount codes provided by the seller in accordance with their rules.
2. Unless expressly stated otherwise by the seller, gift vouchers or discount codes: (i) cannot be used repeatedly; (ii) cannot be combined with each other; and (iii) cannot be used to purchase additional Vouchers.
3. The value of redeemed gift vouchers / discount codes is calculated evenly among all items of goods in the order for which the gift voucher / discount code was applied, in cases of goods where such a voucher / discount code can be redeemed, unless otherwise stated.
4. Discount codes cannot be applied to goods on sale, unless the seller expressly states otherwise.
5. In case of withdrawal from the purchase contract
for any reasons or any other reasonable return by the buyer to the seller of goods purchased on the basis of a discount code or gift voucher, the buyer is entitled to a refund of the amount he actually paid for the purchase of the goods in cash, while the discount will be applied as part of the first return of the goods. In the case of a gift voucher, the seller will issue a new gift voucher of the corresponding value, with the validity period of the original gift voucher, unless otherwise agreed by the contractual parties. The buyer is not entitled to request a new discount code in the event of withdrawal from the purchase contract and/or other reasoned return of the goods.
6. If the gift voucher or discount code has a limited period of validity, the buyer is entitled to use the gift voucher or discount code only before it expires. The seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.
7. The gift voucher or discount code cannot be exchanged for money. If the buyer purchases goods at a lower price than the value of the gift voucher or discount code, he is not entitled to a refund of the value of the gift voucher or discount code or to a new gift voucher or discount code for the remainder of the value of the original used gift voucher or discount code.
8. In the event that a gift voucher or discount code is used in violation of the seller's rules for the use of gift vouchers and discount codes, the seller has the right to reject the gift voucher or discount code applied in this way and withdraw from the concluded purchase contract. In the event that ambiguity arises during the interpretation of the rules, their interpretation determined by the seller applies.
XI. Out-of-court settlement of disputes
1. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
XII. Auction of products on the e-shop
1. Plant auctions take place according to the following rules:
a) the buyer is obliged to register as a customer on our website www.hoyasaroid.eu when participating in the product auction
b) The customer is obliged to fill in his contact details and billing details in case of winning. After the end of the auction, the winner will be sent an invoice with the selected transport at the price according to the transport price list + the highest auction amount bid. If the customer wants to collect the prize, the shipping cost will be deducted from the invoice.
d) The auction operator reserves the right to contact the second highest winner in the order in case of failure to fill in the required information to complete the "order". The deadline for contacting the customer by the operator in the event that the appropriate delivery and contact information is missing is only 24 hours.
d) If there is a "buy now" option in the auction, every customer has the right to an immediate purchase in the standard form of the e-shop, and the auction and bids are thereby terminated.
e) Claims and complaints about shipped goods are subject to the general terms and conditions of the e-shop above.
XIII. Final provisions
1. All arrangements between the seller and the buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the contracting parties agree that it will be governed by the legal order of the Czech Republic excluding conflict of laws rules, while the courts of the Czech Republic will have jurisdiction and the general court of the seller will be the competent court. This does not affect consumer rights arising from generally binding legal regulations.
2. If any of the provisions of these terms and conditions is invalid, ineffective or unenforceable, or if it becomes so in the future, only this given provision is or will be invalid, ineffective or unenforceable and this does not affect the validity, effectiveness and enforceability of the other provisions of these business conditions. The relevant defective provision will be automatically replaced by such a flawless provision that corresponds to the highest possible extent to the purpose and content of the defective provision.
3. Changes and additions to the purchase contract or terms and conditions require written form and the consent of both contracting parties.
4. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 par. 1 letter e) of the Civil Code.
5. All rights to the seller's website, especially copyright to the content, including page layout, photos, audio-visual recordings, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website, part of it and/or any content located on it without the consent of the seller.
6. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 par. 2 of the Civil Code.
8. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
9. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
These terms and conditions take effect on November 6, 2022
Lesson for consumers: You are obliged to prove the purchase of the item by presenting a proof of purchase or in another sufficiently credible way. You are not entitled to claim rights from defects: (i) caused by you; (ii) that you knew about at the time of purchase; (iii) for which we have agreed a reduction in the purchase price with you. The seller is not responsible for normal wear and tear of the item. In the case of a claim for goods of non-vegetable origin, it must be applied: (i) immediately after the discovery of the defect, so that it does not spread and, as a result, your claim is rejected; (ii) no later than within 24 months of taking over the goods. Complaints about plants sent via the carrier must be made no later than the day after receiving the goods. In the event of a claim for living plants and other materials of plant origin, the buyer is obliged to provide these living organisms with appropriate care until the moment of handing over the goods to the carrier or their personal delivery to the store, so that they are not damaged or killed. The complaint will be dealt with without undue delay under the conditions specified in the seller's terms and conditions, in the Complaints section. We will notify you about handling the claim. In the event that the legal deadline for processing a complaint expires in vain, you have the right to withdraw from the purchase contract.